Deck 10: The Judiciary

Question 1

The U.S.Internal Revenue Service's regulations based on its interpretation of tax laws enacted by Congress are an example of

A)common law.
B)statutory law.
C)constitutional law.
D)administrative law.
E)fundamental law.

Answer 1

D

Question 2

Stare decisis renders law

A)unnecessary.
B)stable and predictable.
C)useless.
D)unpredictable.
E)vague and unclear.

Answer 2

B

Question 3

Attorneys make arguments to the U.S.circuit courts primarily through

A)trials.
B)oral arguments. a
C)writs of certiorari.
D)briefs.
E)injunctions.

Answer 3

D

Question 4

Which of the following statements regarding federal constitutional courts is TRUE?

A)Judges on constitutional courts serve for a fixed number of years.
B)Constitutional courts may give advisory opinions.
C)The precise structure of the federal court system is detailed in Article I,

Question 5

The jurisdiction of a court refers to the

A)volume of cases a court hears.
B)authority of the court to hear a particular type of dispute.
C)type of sentence a judge may pronounce.
D)number of judges authorized to serve a particular court.
E)term limits of the judges who sit on the court.

Question 6

A probate court or surrogate's court is a

A)court that deals with wills and estates.
B)federal court that acts on behalf of a state court.
C)court that deals with criminal cases.
D)lower federal court that acts on behalf of a higher federal court.
E)court that deals only with tax cases.

Question 7

A divorce suit is an example of

A)civil law.
B)criminal law.
C)statutory law.
D)constitutional law.
E)administrative law.

Question 8

Which one of the following is true of the U.S.Supreme Court's jurisdiction?

A)It is both original and appellate.
B)It is appellate only.
C)It is original only.
D)It is advisory only.
E)It is dual and advisory.

Question 9

There is a requirement that a person must have suffered some sort of concrete harm or injury in order to

A)issue an advisory opinion.
B)bypass the adversary system.
C)have appellate jurisdiction.
D)have original jurisdiction.
E)have standing to sue.

Question 10

Equity consists of

A)a system of law where a court awards remedies that frequently include injunctions.
B)a rule of law that applies in determining the compensation of judges.
C)court interpretations of the Constitution in the realm of freedom from arbitrary discrimination.
D)criminal prosecutions that result in a conviction.
E)advisory opinions issued by the Supreme Court.

Question 11

Presidents almost always select federal judges who are

A)ideologically conservative.
B)ideologically moderate.
C)members of the president's political party.
D)strong believers in judicial restraint.
E)Protestants.

Question 12

In general,when courts hear cases in which the facts are similar to an existing precedent,the courts are expected to apply the principle of

A)original jurisdiction.
B)caveat emptor.
C)adversary rule.
D)stare decisis.
E)writ of certiorari.

Question 13

A law that has been formally enacted by a legislature is called a

A)statute.
B)jurisdiction.
C)constitutional amendment.
D)declaratory judgment.
E)codification.

Question 14

In the process of choosing a Supreme Court justice,it is the responsibility of the Senate Judiciary Committee to

A)hold a hearing on whether to allow a nominee to be voted on by the Senate.
B)create a list of potential nominees from which the president must choose.
C)determine which sitting justice must retire to make room for the newly nominated justice.
D)work with the Justice Department to choose a nominee for the Senate to vote on.
E)interview the nominee and make a recommendation to the House of Representatives.

Question 15

The vast majority of criminal cases are handled by

A)the U.S.Supreme Court.
B)U.S.courts of appeal.
C)U.S.district courts.
D)U.S.military courts.
E)state courts.

Question 16

Which type of law is known as a set of rules that have been created by judges in the course of rendering decisions on court cases?

A)Common
B)Administrative
C)Statutory
D)Injunctive
E)Bureaucratic

Question 17

Which of the following is the most common occupation of Supreme Court designees at the time of appointment?

A)Law professor
B)Inferior federal court judge
C)Federal executive branch officeholder
D)Private-practice lawyer
E)State court judge

Question 18

The American legal system is based on the assumption that truth will emerge from the clash of opposing interests.This is known as the

A)legal atmosphere.
B)adversary system.
C)dual-court system.
D)class action.
E)federalism system.

Question 19

Which of the following cases is primarily based on civil law?

A)A murder trial
B)A child who files abuse charges against his parents
C)A misdemeanor assault charge
D)A lawsuit against the police for wrongful arrest
E)A politician who is charged with corruption

Question 20

How are federal judges selected?

A)All federal judgeships are filled by the president upon his or her inauguration.
B)They are nominated by the president with the advice and consent of the Senate.
C)They are elected in national elections.
D)They are elected in state elections.
E)They are filled through writs of certiorari issued by the Senate and signed by the president.

Question 21

The number of certiorari petitions has

A)declined steadily over the years.
B)remained steady over the years.
C)grown steadily over the years.
D)increased,but only in the area of civil rights.
E)fluctuated with the economy.

Question 22

Standing is the right of a court to hear a particular type of case.

Question 23

The American judiciary has the power to decide whether the acts of the executive and legislative branches of government are in conflict with the Constitution and,if so,to declare them void.This is the power of

A)advice and consent.
B)judicial review.
C)appellate jurisdiction.
D)legislative oversight.
E)equity.

Question 24

The belief that judges should interpret the provisions of a constitution according to the meaning of the language at the time the document was composed is known as

A)judicial self-restraint.
B)judicial activism.
C)textualism.
D)stare decisis.
E)living constitution.

Question 25

The principle of stare decisis discourages courts from overturning earlier decisions in cases with similar issues.

Question 26

Civil law deals primarily with disputes between private individuals and defines the rights
of the parties in dispute.

Question 27

At oral arguments before the U.S.Supreme Court,

A)the justices debate privately over the constitutional issues raised in a case.
B)attorneys meet the justices in conference to persuade them to accept the case.
C)the justices privately debate the merits of the cases before them.
D)the justices read their decisions from the bench.
E)attorneys undergo questioning from the justices.

Question 28

A concurring opinion

A)is the list of justices who concurred with the majority opinion of the court.
B)is written by a justice who concurs with the majority opinion but disagrees with the reasons advanced by the majority.
C)is the opinion of the chief justice.
D)is a Supreme Court opinion that concurs with a decision made by the Circuit Court of Appeals.
E)is an opinion rendered according to the principle of stare decisis.

Question 29

A written opinion of a justice who voted with the minority is called a(n)

A)opposing opinion.
B)majority opinion.
C)dissenting opinion.
D)concurring opinion.
E)advisory opinion.

Question 30

To help get his New Deal programs past a skeptical Supreme Court,Franklin D.Roosevelt

A)scaled back his New Deal initiatives.
B)enacted the programs through executive orders rather than through legislation.
C)proposed increasing the size of the Supreme Court.
D)fired five justices and replaced them with justices who were sympathetic to the New Deal.
E)created chancery courts with jurisdiction that included all New Deal initiatives.

Question 31

John Marshall's opinion in Marbury v.Madison established the principle of

A)judicial review.
B)judicial self-restraint.
C)stare decisis.
D)original jurisdiction.
E)textualism.

Question 32

From 1800 until the end of the Civil War in 1865,the Supreme Court was concerned primarily with issues related to

A)taxes.
B)federalism.
C)reform legislation.
D)civil rights.
E)foreign policy.

Question 33

The Court of Appeals for the Federal Circuit primarily hears cases involving

A)each state's criminal justice system.
B)which cases will be heard by the U.S.Supreme Court.
C)sex discrimination.
D)patents and tariffs.
E)tax issues.

Question 34

Which of the following statements is most consistent with judicial self-restraint?

A)"It is Congress's job to legislate,not the Supreme Court's."
B)"As society grows and changes,so should the Constitution."
C)"It is the foremost job of the Supreme Court to establish new rules for ensuring economic equality."
D)"The judiciary must restrain itself from excessive entanglements with a hostile public."
E)"The Constitution is the supreme law of the land and the Supreme Court is the supreme court of the land."

Question 35

Precedent is based on previous judicial decisions.

Question 36

Most cases reach the Supreme Court primarily by means of a(n)

A)injunction.
B)writ of habeas corpus.
C)writ of mandamus.
D)writ of certiorari.
E)stare decisis.

Question 37

A court order to a public official to perform an act that is legally required is called a(n)

A)subpoena.
B)injunction.
C)writ of mandamus.
D)writ of certiorari.
E)stare decisis.

Question 38

How can Supreme Court decisions be overturned?

A)All Supreme Court decisions can be overturned by new legislation.
B)All Supreme Court decisions can be overturned by a joint congressional and presidential decree to vacate the Supreme Court's decision.
C)Decisions made on statutory grounds can be overturned by new legislation; decisions based on constitutional grounds can be overturned by a constitutional amendment.
D)Decisions made on statutory grounds can be overturned by a constitutional amendment; decisions based on constitutional grounds can be overturned by new legislation.
E)Only the Supreme Court can overturn its decisions.

Question 39

Administrative law consists of the regulations that have been issued by administrative agencies.

Question 40

Advocates of __________ are more likely to declare actions of the other branches as unconstitutional and are more inclined to have the courts set policy for the nation.

A)originalism
B)judicial intent
C)judicial activism
D)judicial self-restraint
E)textualism

Question 41

The U.S.Supreme Court primarily has appellate jurisdiction.

Question 42

The vast majority of criminal cases are handled by the federal courts.

Question 43

Presidents shun partisanship and political ideology when selecting federal court judges,focusing on qualifications and knowledge of the law instead.

Question 44

John Marshall was the chief justice of the United States when the Court decided Marbury v.Madison in 1803.

Question 45

Barack Obama has appointed two justices to the U.S.Supreme Court.

Question 46

U.S.district courts have both original and appellate jurisdiction.

Question 47

The thirteen U.S.courts of appeals lack original jurisdiction.

Question 48

A writ of mandamus is a court order to a public official to perform an act that is legally required.

Question 49

A dissenting opinion may be written by any justice who voted with the minority.

Question 50

The U.S.Supreme Court generally issues a few hundred written opinions per year.

Question 51

A federal judge has not been impeached and removed from office for more than 100 years.

Question 52

Those who believe in the philosophy of judicial restraint often think of the Constitution as a living document.

Question 53

Legislation can change a decision of the U.S.Supreme Court.

Question 54

A decision of the U.S.Supreme Court to hear a case that is appealed from a lower court
requires the affirmative vote of all nine judges.

Question 55

The U.S.Supreme Court issued many decisions in the areas of civil rights and civil liberties under Chief Justice John Marshall.